SHEEP BILL.

Hawke's Bay Herald, Volume 13, Issue 1046, 7 May 1869, Page 3

SHEEP BILL.

The -following Bill, to consolidate the existing r>it. ;>p and Scab Acts, will be brought before the Provincial Council to-day. We give it this early publication in order that those interested may have an opportunity of judging of its merits: —

An Act to repeal various Acts relating to sheep and to make other provision in respect of the same.

Whereas it is expedient to repeal the Acts set forth in the 2nd Schedule to this Act and to make provision in lieu thereof.

Be it therefore enacted by the Superintendent of the said Province of Hawke's Bay with the advice and consent of the Provincial Council thereof as follows : —

1. From and after the passing of this Act the Act enumerated in the Schedule annexed to this Act and marked B is hereby repealed.

2. The Superintendent may from time to time by proclamation appoint an Inspector or Inspectors of Sheep who shall also be Registrar or Registrars of Brands fpt the purposes of this Act and may-assign to them such districts as he may think fit and may at any time annul such appointments and make others and alter and vary their districts and may proclaim a principal officer in Napier for such Inspector or Inspectors. Provided always that the salaries of such officers shall be voted by the Provincial Council. .

3. The Superintendent may with the advice and J com/eht of the Exeoutive Council make Rules &rid Regulations for the management of such Registration Officea and to fix a scale of fees which shall be payable to such Registrars and all such Rules and Regulations and tables of fees shall be published in the Government Gazette, and shall thereupon be binding upon all persons whom they may concern and shall have the force of Law.

4. Every person owning or having the charge of any Sheep shall in the month of . May in every year deliver in writing to the Inspector of the District in which such Sheep shall be depasturing a return of the number of Sheep above six months old owned by him or under his charge specifying sex thereof and also the different ear marks fire or tar brands there may be on such sheep or lambs at the time of making such return and shall append thereto a declaration that such return is true to the best of his knowledge and belief. Every person making a false declaration shall be liable to a penalty not exceeding £10. It shall be the duty of the Inspector of Sheep to enter upon a book to be kept by him for that purpose j a correct copy of every such return and ihV date on \t isjurnished showing t!^ number of She^pifegister^Ty^aeh^sepjwaJ^ flock owner and the respective numbers marked with each different ear mark fire or tar brands— such registry book to be open at all seasonable hours to the inspection of any person applying to examine the same.

5. Every person driving sheep in the said Province shall twelve hours at least before entering upon any station give notice in writing of his intention to drive sheep upon or through any station to the owner or person in charge thereof and if the person so driving shall fail to drive in pursuance of such notice within 24 hours after the deli-■trapjT-+\\ar>ttnP mifh '.notice. 5h0.1l ha VOtihmcl-ti-fresh notice shall be required and every person neglecting to give suoh notice Uerore driving sheep upon or through a station shall forfeit and pay a sum not exceeding £10 Such notice shall be delivered personally to the owner or person in charge of any station or left directed to him at the homestead of such station.

6. In driving sheep if any other sheep shall intermix with the sheep being so driven the drover or person in charge of the lastmentioned sheep shall give immediate notice of the fact to the owner or person in charge of the station where the sheep got intermixed and further if required by such owner or person in charge shall drive the whole flock to the sheep yards of such station and shall there draft out all sheep not belonging to the flock originally driven Any person wilfully driving any sheep which hove accidentally mixed without the consent of the owner thereof beyond the boundary of the station where the said sheep got intermixed or beyond the sheep yards .of such station if required to drive the sheep there as before-mentioned shall forfeit and pay a sum not exceeding £

7. Any persons who shall drive sheep upon or across any station where other sheep are depastured and kept or upon or along any public way track or course which may intersect or form a boundary line of any such station shall travel such sheep a distance of not less than five miles during every twenty-four hours they shall remain upon such station or public way and shall travel and keep such sheep upon or within four hundred yards on either side of the usual public way track or course where sheep are wont to be driven from the place of starting to the place of destination shall forfeit and pay a sum not exceeding £

Provided that no penalty shall be incurred under this clause for sheep so travelling which may be detained by stress of weathor or prevented from "crossing any river or stream by reason of floods or otherwise.

8. The owner of any ram or rams which shall be found at large upon any station not occupied by such owner shall be liable to a penalty not exceeding £ and any owner or person in charge of any station whereon such ram or rams may be found may after 48 hours' notice in writing served on the owner thereof (if the owner be known) castrate the same either by himself or by some person employed by him and shall not be liable for the death or other injury of such ram or rams if the same shall ensue on or be caused by such castration unless such death or injury shall have been caused by the wilful act of the person so castrating The owner of the said ram or rams shall be at liberty to remove the same at any time within 48 hours after receiving the said notice Provided always that nothing in this clause contained shall abridge or alter the remedy of any person sustaining loss or injury from such ram or rams being at large as aforesaid from recovering damages for such loss or injury in any court of competent jurisdiction.

9. Every owner or person in charge of any Sheep Station shall muster his flock or flocks twice during the year viz before his shearing the said flock or flocks at docking time and on such occasions as Sheep may

be drafted for the purpose of sale or removal from any one Station to any other and he shall in each instance give at" least

hours' notice before yarding the same to the owners or persons in charge of all the adjoining Stations and to all or any other flockowydrnot so adjoining but who he may have reason to believe may have Sheep in his flock of his intention so to yard his Sheep and every person neglecting to give such notice to any such flockowner before so yarding his Sbeep shall forfeit and pay a sum not exceeding £25-—such notice to be given in writing either personally to the owner or person in charge of any such station or left at the Home Station thereof.

10. If any person in ear-marking any Sheep or Lambs shall remove more than one-third of the ear of any such Sheep or Lambs he shall be liable to a penalty not exceeding £10.

11. Every person owning or having the charge of any Sheep shall within six months from the day of publication of the Governor's assent to this Act register at the office of the Registrar of Brands for the District in which such Sheep may be depasturing a correct copy or description of the ear-mark or firebrand and. tar brand he intends to use and such ear-mark or firebrand mark shall be prima facia evidence of the ownership of such Sheep and all Sheep above the age of six months having no such registered ear-mark or brand shall be deemed to be the property of the owner or occupier of the land upon which they may be found depasturing provided always that any person having previously to the passing of this Act duly registered any earrmark firebrand or tar brand shall not be required to re-register the same.

12. Every owner of Sheep shall cause to be distinctly branded with his registered station tar brand all sheep shorn in his yards or premises previously to such Sheep being discharged from such yards or premises any owner failing to comply with the provisions contained in this clause shall be liable to a penalty not exceeding £

13. After any person shall have so registered an ear-mark fire or tar brand it shall not be lawful for any person to mark or brand any Sheep or Lambs with an earmark or brand of the same description or mark unless in conformity with the provisions contained in clause 14 of this Act — and any person offending against the provisions of this clause shall be liable to a penalty of not less than for each offence.

14. The Eegistrar of brands may at his discretion register for Stations forty miles distant from each other or within a less distance if bounded by a river or other sufficient natural boundary the same ear-marks or firebrands.

15. If any person shall firebrand earmark or tar brand any Sheep or Lambs, or shall deface or efface any such brand or upon any Sheep or Lambs without the authinfty-ef-the .owner thereof he shall be liable to a penalty nof : ex€€§di2^ £10 for each ofience.

16. Every person owning or having the charge of any Sheep shall in the month of August in every 3 ear pay to the Inspector of the District in which such Sheep shall be depasturing or other person authorised to receive the same the sum of one farthing per head for all Sheep' over the age of six months so owned by him or under his charge in accordance with the return made by him in the preceding month of May and the Provincial Treasurer shall carry such contributions to the credit of a special account (toioecalifed tfieffiygep <tmi/mnfl-ttvnr-wuich fund shall be paid all monies for carrying out the provisions of this Act.

17. If any such sum be not paid in the month of September the same shall be recoverable by the Inspector of the District by summary proceedings before a Resident Magistrate or other Justices of the Peace if within the limit of their respective jurisdiction.

18. In the month of October in every year the several Inspectors shall pay the amounts they have respectively collected under the authority of. this Act to the Treasurer of this Province.

19. Every Inspector intending to visit any Station for the purpose of examining all the Sheep thereon shall give six day's notice to the owner or person in charge of the same of the day on which he intends to hold such examination and the owner or person in charge thereof shall muster all the Sheep on the Station or under his charge at that time for examination by the Inspector, and shall if required to do so assist him in such examination It shall be lawful however for an Inspector to enter upon any Station or premises for the purpose of examining any Sheep thereon without giving the notice contained in this clause.

20. Every person refusing or neglecting to muster the Sheep for examination by the Inspector after such notice shall forfeit and pay a penalty not exceeding the sum of

21. Every owner of any Sheep or Lambs infected with the disease called " Scab" may be fined upon the report of the Inspector any sum not exceeding sixpence for every such infected Sheep or Lamb provided that no person who shall have be^-^conyjctefl under this clause shall be liable to.anyfur^ ther penalty under the same. on account of such disease in the said Sheep or Lambs until_the_exj)iratl on °£ 3 * x mon ths after the date of such conviction as aforesaid.

22. It shall be the duty of every Inspector who may receive such information as to lead him to suspect that the Sheep on any Station are infected with th' 6 disease called " Scab" or any other infectious or contagious disease to visjt the said Station and examine the Sheep thereon and report thereon to the Superintendent;' of the Province And. further any Justice of the Peace hating reasonable grounds upon information stated upon oath before him to suspect any Sheep or Lamb within the Province of Hawke's Bay to be infected with any of the said diseases, may order the inspection of any suspected Sheep or Lambs by the Inspector and such Inspector shall immediately after such inspection report the result in writing to the Justice issuing the said order and also to the Superintendent of the Province as above provided.

23. All Sheep within the Province of Hawke's Bay infected with the disease called " the Scab" shall in addition to the registered station tar brand be legibly marked with the letter S on the. rump or back such letter to be tit least three inches in length and such sheep shall be kept so raavked so long as they shall continue so infected and every person who shall neglect to mark his.sheep if so infected or to keep

the same marked as aforesaid shall on conviction forfeit and pay the sum of £50.

24. Any. owner or person in charge of a Station may detain and examine travelling sheep approaching or being upon any part of his Station upon reasonable suspicion of their being infected and upon his giving the owner or driver of such sheep a written notice to that effect such owner or person, in charge may detain them until such owner shall call in the nearest Inspector to examine such sheep and determine whether or not they are infected And if such owner or driver shall prevent them from being detained or examined as aforesaid or impede or hinder such first named owner in detaining or examining them or shall not within twenty-four hours after their detention give the nearest Inspector written notice thereof by delivering the same to him personally or afc his residence such owner or driver shall for every such offence incur a penalty not exceeding pounds.

25. Any such owner or person in charge 6r driver so detaining any travelling sheep shall until the arrival of the Inspector either keep such sheep on his own Station or make such arrangements as shall prevent the further spread of the infection under a penalty not exceeding

pounds And if such sheep. shall be declared infected all necessary expenses incurred by such owner or person in charge or driver in the detention and keep of such sheep shall be paid to him by the owner there? of. Provided however that if the sheep so detained shall be found on examination not to be infected andthat such owner or person in charge or driver. detaining them ha4.no. rea-. sonable grounds for suspecting them to be ininfected he shall pay to the owner ' of such sheep the loss" and expense occasioned by such detention.

26. Any person on whose Station the Inspector may report that there are Sheep infected with Scab or other contagious or infectious disease may at any time apply to the Inspector to examine again the Sheep on his Station and if he shall prove to the satisfaction of the Inspector that all the Sheep on his Station or under his charge are then free from the Scab or such other disease may demand a certificate to that effect a copy of which certificate shall on the original being left at the Superintendent's Office for the purpose be published forthwith in the Provincial Government Gazette and the party requiring such re-examination as aforesaid shall pay to the Inspector a sum of £l for every re-examination.

. 27. It shall be the duty of the Inspector whenever any Sheep infected with the Scab or other infectious or contagious disease are being driven through his district to take immediate steps to stay the further progress through his district of such Sheep and for that purpose not only to lay information of such infringement before the nearest Justice of the Peace but to give notice to the person in charge of such Sheep to return and in ease of non-compliance by tlleskiverto return immediately to the place from whence^fee^Stgrtef^ to detain such Sheep and to employsu^^fkar^snd other assistants at the expense of the owneSv&s he (the Inspector) may think sufficient to tafe^ back such Sheep to the place whence they started.

28. Every owner or person in charge of SUCh infected- Shoop-^rrlru—ijlmH-same through any district in the Province of Hawke's Bay shall forfeit and pay for everyday which such Sheep as aforesaid shall be absent from the run on which they ~t«»« oviginjilly_depastured any sum n^.i less than £5 nor more than £100.

29. Any person intending to drive or travel sheep from any district within the Province in which infection exists or has existed within a period of six months previously or from a district adjoining any district in which infection exists or has existed within a like period shall before doing so apply for and obtain a certificate, from an Inspector in the form of schecb^ A. of this Act which he shall produce/^ 11 required by any Inspector owner or person in charge of a station and any person/filing to comply with any of the raquiren>?"ts of this • clause shall incur a penalty v& exceeding £

30. It shall be the duty of the Inspector on receiving such notice to visit and examine the said Sheep and if on examination they prove to be free from scab or any other contagious or infectious disease to grant a driving certificate in the form specified in the Schedule A of this Act.

31. From and after the passing of this Act it shall not be lawful to land any Sheep from on board any Ship Vessel or Boat in any Harbour or upon any part of the coast of the said Province save and except at the Port Of Napier in the said Province excepting under the provisions and restrictions contained in clause 35 of this Act.

32. Any person who . shall land any Sheep from on board any Ship Vessel or Boat in any Harbour or upon any part of the coast of the said Province of Hawke's Bay other than in the Port of Napier aforesaid shall forfeit and pay any sum not exceeding the sum of £100.

33. Every person landing Sheep in the said Port of Napier shall before landing the same give notice to the Inspector of Sheep "oTtTKnjotajjQrt wno s ], a n forthwith on receiving such noncß~v!sflfthe said Sheep and cause them with all convenient sppod to be taken to some commodious 'dipping yard to be appropriated by.the Superintend,enjt for that purpose and there to be thoroughly and sufficiently dipped to the satisfaction of the Inspector. . ,

34. Every person landing Sheep at the said port of Napier shall pay to the Inspector of Sheep the sum of 2s. 6d, per head for any number of Sheep so landed not exceeding 25 the sum of Is. 6d. for any number of Sheep so landed not exceeding 50 and for any -mimber-otSJieep_landed exceeding 50 the sum. of Is. per head.

35. When Sheep shall have been landed and dipped in the manner appointed by the 36th clause it shall be the duty of the Inspector to examine the said Sheep and if on examination they prove to be free from Scab or any other contagious or infectious disease to grant a driving certificate in the manner specified by this Act or to grant a certificate authorising the shipment of the said Sheep or any other Sheep he may certify as being free from disease and their conveyance to and landing upon any part of the Coast of the said Province of Hawke's Bay and any person so landing any such Sheep under the authority aforesaid sh«U not be liable to any of the Tines aud Penalties imposed by this Act.

36. If the said Sheep shall appear on examination to be infected with the disease called Scab or any other infectious or con-

tagious\disease they slull be dealt with in ! thu maiiner directed by this Act. ! 37. flf any person shall slaughter or have in r his possession f.r the purpose of slaugh-tering-for sale any Sheep or Lambs infected with either of the w^eases called " Scab " or " Catarrli-j'^'or, shall expose for sale the carcase or any part thereof of any Sheep or Lamb so infected he shall be liable for each offence to a fine not exceeding the sura of And such infected carcase or parts thereof sh s U be destroyed in such manner as any Justice of the Peace may direct. 38. It shall be lawful for the Inspector of Sheep to seize and cause to be destroyed any stray Sheep infected with Scab which he may find upon any waste lands of the Crown or upon any public road or upon any Station not in the occupation of the owners of such infected Sheep But every Inspector must forthwith forward to the Superintendent the particulars of all Sheep so destroyed and such particulars shall be published in the Provincial Government Gazette. 39. If an Inspector of Sheep shall state upon oath before a Resident Magistrate or two Justices of the Peace that active and effectual means are not being taken towards cleansing any flock or flocks of sheep infected with the Scab it shall be lawful for the said Resident Magistrate or Justices by warrant under their bands to require the owner or owners or the person in charge of such flocks to cause simultaneous muster- \ ings and dippings ot such flocks to be made

at the times and in . the manner to be set forth in the said warrant and any owner or neglecting or refusing to comply with the directions expressed in such warrant shall be liable to a penalty not exceeding £100. .

40. It shall be the duty of inspectors to visit all stations so often as may be necessary or expedient for the purposes of this Act and to take all lawful measures for preventing the introduction by land or sea of diseased sheep and the removal of such sheep from one place to another within the Province and to take all lawful means for the prevention or immediate suppression of Scab or other infectious or contagious disease and to furnish a report at least once a year concerning the state of the flocks in their district and generally to do all such acts as are intended to come within their scope under the provisions of this Act. 41. For the purposes of this Act all Sheep that have been dressed for the cure of Scab shall be deemed scabby for the period of forty days thereafter. 42. Every Sheep and Lamb running in any flock or being on board any ship boat or other vessel in which there shall be one Sheep or Lamb infected with the disease called " Scab" shall be deemed to be infected within the meaning of this Act. 43. Nothing in this Act shall be construed to limit or deprive any person suffering from loss or damage from the driving depasturing or suffering to stray of any such infected Sheep or Lambs as aforesaid of any action or remedy which he may have at law or otherwise for obtaining redress or compensation for such loss or damage from tue person liable thereto. ~ 44. Any person obstructing /w interfe-nrlf-#4ta" n y Inspector of-fSh'eep in the performance^ 3 dut / v slmll forfeifc and .pay for every such o^" cc a sura nofc more than Five Pounds. 45. No PeunlP "»P ose^-bv this Act shall in any -* c exceed One llT 'indred Pounds. . . i i\ ._, 46 Alines and Penalties imposed bW t Ua A^,"L;.k-nTtr« sh*Hor5 h*Hor ny^be within the jurisdiction of Hestf^ Magistrates' Courts or Justices of^ 1^ shall be recoverable in ajpfW way: But this i ii xJc be held to refer to mprovision shall' _ . elude or in^ ere Wlth m ? Fine or Penalty • p sm this Act which may be beyond .i jrfisdiction of such Resident Magisx^te or Justices of the Peace. "' 47. In the interpretation of this Act the words "owner of any Sheep or Lambs" shall be taken to include the person having the control or management of such Sheep or Lambs. The term •' station" shall include all lands on which Sheep are depas-

tured or kept in the province of Hawke's Bay. The word " brand" shall include a firebrand on the nose or face in letters or figures not less than one inch in length or a°brand made with pitch tar or paint in letters or figures not less than three inches in length on the ribs back shoulder or rump of any Sheep. The word " flock" shall mean any number of Sheep in one lot or in the charge of ono person. The word " Inspector shall mean any inspector already appointed or that may be appointed by virtue of this Act. 48. This Act shall come into operation one calendar month after the Governor's assent shall have been notified in the General Government Gazette.